The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-04-07
BREEZY WHILE 1T LASTED
TIE GRAND JURY STRIKES AK
OBSTINATE OBSTRUCTION.
Eleven OF Them Reduced TO Ranks
for Refusing to Obey Instructions
About Indictments.

When the grand Jury reported to
the Criminal Court, after its usual
meeting Tuesday Judge DuBose asked
Foreman ALI G. luther what had be-
come OF number of bills against gam
ing houses and houses Of prostitution
pending before that body. Mr.. luther
replied that a majority OF the members
did not see proper to return true bills.
"WaI not the proof sufficient to war
rant itP" asked the Judge.
Eyes; but we think we are clothed
With discretion In the premises, aud
only exercised our prerogative," re-
piled the foreman.
AT orney General Peters then took a
hand in the proceedings, and insisted
that the grand jury were only war
ranted ia going behind the proof when
convinced that the prosecution was
malicious and unwArrsnted.
Judge DuBtss took the same view
OF the mater, add ordered the grand
jury to report again yesterday. When
they came b fore him he administered
q !ejture on the question at issue, in
which he sGlted that the course pur-
sued was not in harmony with the
oaths taken, ald discharged them.
This was what number OF them had
earnestly sought for several weeks
past, and a smile Of self eatisiacton
overspread their faces as they picked
up their hats aud began TO file out Of
the courtroom. The judge called
them back, however, ard stated that
the discharge only applied AZ grand
jurymen, and that th9y would have to
serve on the petit jury during the re-
mainder Of the term. Insts ntly the
emile OF comp AGENCY vanished and
the thirteen took on q Crestiallen air.
Eleven OF them we're brought around
before The Judge aud sworn in as petit
jurors, aud like number from that
body installed 10 fill ths vacancy.
Two OF the original members of the
grand jury were ,oltinued in eli q.
Mr.. luther WIS notified that he
would b. made foreman OF the petit
jury, and In this shape the court pro-
ceeded with its regular business. Two
cases were tried and disposed Of, after
which Judge Dab ise yielded 10 a feel.
ingoi sympathy that a'ose with over.
towering weigh, and grated the
eleven n full a ld free discha ~.
Some Of the reduced grand jurvmen
claim that Foreman Iulher did not
voice the senlimenis OF q majority Of
them. Tney did no. refuse TO q nj the ia
reducing, but merely defer; d them.
II WAS net the lnutnton to ,i5e any
conf OF authority hetween "a III and
tn ia lge, tint simply h exercise Of
a m Jdfisd dlsG, tiou IN 10 urning true
bills. They were glad Of ths relief
from further service, as nearly all
were either Front Row or Main street
business men, and in that respect con-
sidered themselves more than victori.
Gus. II was quite breegs while il
lasted, but the last zsphyr has blown
over.
Assistant Attorney General Dupuy
is little DUBUQUE about the regularity
OF the proceeding. He ia Ia doubt as
10 whether the Supreme Court would,
were case tried on an indictment
from the new grand jury appealed to
that tribunal, sustain the fading. In
case 1t did not, the Criminal Court
would be in terrible strait, as the
present jury has yet about ak weeks
to run, aud msy find about 300 more
bills The irreguarity would operate
against Al these, and the result IL con-
templsted with dread The only door
for escape from such q cs'amlty is The
time at which the exceptions arc
taken. To hold, no thinks they must
be filed at the time the Indictment is
found, and not after the trial. Proba-
bly, the proper way Of preceding in
the matter would have been to dis
charge the entire jury and order
another venire, from which its sue.
cessor could be chosen. The law
clearly provides that they ara to be
elected in spec dc manner, ADD 1t ia
also clear that the pres n. ono WAC not
elected that way.